theft

• define theft


  a person guilty of theft if they dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
• max sentence


  7 years max for theft
• what section is theft

  s1 theft act 1968
• sections in theft


  s2 = dishonesty (MR)

  s3 = appropriation (AR)

  s4 = property (AR)

  s5 = belonging to another (AR)

  s6 = intention to permanently deprive (MR)
• s2 dishonesty


  • current test for dishonesty found in ivey v gentling
  • GHOSH test
  • what was Ds knowledge as to facts at time?
  • was Ds conduct dishonesty by standards of ordinary decent people?
  • test is objective (barton & booth 2020 confirms this)
• s3 appropriation

  • assuming rights of owner, must coincide with when D dishonest
  • R v morris = not all rights need to be assumed
  • R v hinks = accepting gifts can amount to appropriation
  • R v lawrence = lack of informed consent can be appropriation
  • R v gomez = theft occur even when owner consents to it taken
  • R v pitham = no need to touch property to appropriate
• s4 property

  • money
  • personal
  • real property
  • things in action
  • intangible
  • oxford v moss - information cant be stolen only if removed to permanently deprive
• s5 belonging to another

  • property must belong to another
  • 'any person having possession or control of it'
  • R v turner - took Vs car when he had possession of it
  • lost property belongs to person who lost it
  • if lost for long time, becomes abonded so belongs to no one (bridges v hawkesworth)
• s6 intention to permanently deprive

  • conditional intent (e.g check to see if worth stealing) is theft
  • dpp v lavendar = to treat property as your own
  • r v velumyl = still theft if intend to replace later